UNITED BRITISH ELECTRA LTD TERMS AND CONDITIONS
Please find here the Terms & Conditions for United British Electra Ltd.
- INTRODUCTION
1.1 United British Electra Ltd. (hereinafter referred to as UBE) offers energy-related services. These Terms & Conditions govern the business relationship between UBE and its commercial customers. No agreement shall be made between UBE and its commercial customers unless these Terms & Conditions have been accepted by the Customer.
1.2 To be able to use the Services provided by UBE, the Customer must be (a) a business registered in the United Kingdom; (b) at least 18 years of age (if acting as a sole trader); (c) fulfil any Credit Score requirements of UBE and/or the Suppliers; and (d) be in the position to provide UBE with the requested relevant customer information.
1.3 UBE reserves the right to reject any customer request at its sole discretion and without providing any explanation.
- DEFINITIONS
The following definitions apply to these Terms & Conditions:
Contract Cancellation Administration Fee: according to the definition as set out in clause 8.2.
Contract Checking Service: the contract checking service provided by UBE to the Customer in which UBE obtains information about the Customer’s existing contractual relationship with the Customer’s Current Supplier.
Credit Score: refers to the credit rating requirements as potentially determined and required by UBE and/or the Supplier which qualify a Customer to use UBE’s Services and conclude a contract with a Supplier.
Current Supplier: means the Customer’s existing third party energy/utilities supplier.
Customer: refers to any non-domestic commercial customer as set out in clause 1.2 and eligible to use UBE’s Services.
Intellectual Property Rights: refers to any and all intellectual property rights, including inexhaustively: copyright, patents, rights in inventions, design rights, trademarks, service marks (in each case whether registered, unregistered or the subject of an application to register), moral rights, database rights, rights in computer programmes, semi-conductor topographies, confidential information, trade secrets, know-how, business, trade and domain names, rights in goodwill and rights to bring a claim, unfair competition rights and all similar, like and analogous rights wherever held in the world and all extension revivals and reversions thereof and, in each case, all equivalent forms of protection which subsist now or which subsist in the future.
Letter of Authority: a letter signed by the Customer to authorise UBE to act on its behalf in contacting and liaising with the Customer’s Current Supplier, as may be required in the course of UBE’s Services.
Price Comparison Service: the price comparison service provided by UBE to the Customer whereby UBE gives the Customer impartial information on Suppliers’ prices for the Suppliers’ services and products.
Quotation: a quotation provided to the Customer by UBE on behalf of a Supplier which sets out the terms and prices upon which a Supplier may potentially be prepared to supply its Services to the Customer.
Renewal Service: the service provided to the Customer by UBE whereby the Customer appoints UBE as its exclusive agent with the authority to negotiate, secure and enter into new Supply Contracts on the Customer’s behalf and to terminate any existing Supply Contracts relating to each separate meter point number during the applicable term.
Services: the services provided by UBE whether via the website, UBE staff and employees or otherwise, of which the Customer chooses to take advantage. These shall include the Price Comparison Service, the Renewal Service, the Switching Service and the Contract Checking Service.
Supplier: any third party energy/utility supplier of services and/or products as potentially selected by UBE and/or listed on the Website.
Supplier Services: means the energy/utility supply services and/or products as a Supplier may agree to provide to a Customer.
Supply Contracts: these are contracts with energy suppliers for the supply of electricity and/or gas.
Supply Number: the electricity or gas meter points with administration or reference numbers (MPAN for electricity or MPRN for gas).
Switching Service: refers to the Supplier switching service that UBE agrees to provide to the Customer. Here, UBE shall either: (i) enable the Customer to switch to a new Supplier; or (ii) assist in renegotiating the Customer’s current arrangements with its Current Supplier. In each case, only if the Customer has accepted a Supplier’s Quotation as presented to it by UBE as part of the Price Comparison Service.
UBE: stands for United British Electra Limited, a company registered in England and Wales under company number 12512414 with its registered office at No 1 Royal Exchange, London EC3V 3DG.
Website: the website www.united-british-electra.co.uk
- CONTRACT CONCLUSION
3.1 The contract between UBE and the Customer is concluded upon acceptance of the Service to be provided, usually by signing a contract. To conclude a contract, UBE will need written confirmation of the Customer’s relevant details. It is the Customer’s responsibility to ensure that the data it provides is accurate, reliable, correct and complete. The Customer shall be expected to inform UBE without delay of any errors or required amendments in the Customer’s information.
3.2 Should the Customer wish to take advantage of an offer made by UBE, UBE shall arrange the energy Supply Contract between the Customer and the energy Supplier.
3.3 The Customer shall furnish UBE with a Letter of Authority (LOA) to enable UBE to perform its Services as set forth in Section 5.1.
- AUTHORITY
4.1 The Letter of Authority (LOA) granted by the Customer to UBE shall be expressly valid only for the contract term, during which time it cannot be revoked. UBE shall use this LOA authorisation explicitly to act on the Customer’s behalf to the best of its knowledge and in its business interests.
4.2 Upon receipt, UBE shall send the signed LOA to the Customer’s Supplier to request details of the Customer’s currently existing arrangements, e.g., contract term and end date, notice period, termination process, and the Customer’s current prices and energy supply details. UBE shall not be held liable for any delays or failures in gaining a response from the existing energy Supplier.
4.3 Upon signing the Letter of Authority (LOA), the Customer automatically grants UBE the right to check the Customer’s current Supply contract and to contact new Suppliers on the Customer’s behalf.
- SERVICES/LIABILITY
5.1 After conclusion of a contract between UBE and the Customer, UBE shall provide the following services:
(a) performing the necessary contract formalities for a potential switch of energy Suppliers;
(b) conducting price negotiations with various Suppliers;
(c) if necessary, concluding a lower-cost energy supply contract on behalf of the Customer;
(d) if necessary, providing termination notice on the former energy supply contract;
(e) ongoing monitoring of energy prices and furnishing the customer with information on new offers shortly before contract expiry.
5.2 To be able to provide the above-mentioned services, UBE will need the following information from the Customer: all onsite meter point administration numbers (MPAN for electricity) and/or the onsite meter point administration numbers (MPRN for gas), the business location, type of business, current consumption data, and information on the Current Energy Supplier.
5.3 Although UBE takes every step to ensure the accuracy of prices provided by the Suppliers, UBE cannot be held liable for their accuracy, legality, completeness, suitability, and reliability in all material respects.
5.4 Unless expressly communicated by UBE to the Customer, any Services are provided on as “as is” basis without any warranty or representation.
5.5 UBE shall always endeavour to provide the Services as requested by the Customer. The performance of these Services, however, may dependent on the timely cooperation of third parties (i.e., Suppliers) for which UBE cannot provide any guarantee or accept any responsibility for any failures or delays in furnishing requested data or for any furnished information which is unreliable, inaccurate or incomplete.
5.6 The energy Supply Contract is concluded exclusively between the Customer and the energy Supplier. In the event that a contract and/or a service fails to materialise, Supply is not made or is discontinued, and/or the energy Supplier changes the Supply conditions, no liability claims can be asserted against UBE.
5.7 UBE shall not be responsible for the provision of the energy Supply from the energy Supplier.
5.8 If a mistake or an omission is made when UBE forwards Quotations to the Customer which leads to a direct financial loss for the Customer, the Customer must inform UBE of this error within 90 days of identifying the mistake. We will then endeavour to rectify the error. Any compensation payments made by UBE shall be limited to the lesser of: (i) the potential savings that the Customer would have made but for UBE’s error, act or omission; or (ii) UBE’s commission fee earnt from the Supplier through UBE having secured and finalised the Contract between the Supplier and the Customer.
5.9 Subject to clause 5.10, the Customer acknowledges and agrees that UBE shall not be liable for: (a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the Customer’s claim; (b) any loss of profit or savings; (c) any loss or corruption of data or information; (d) loss of contracts, business or opportunity; (e) damage to goodwill or reputation(s); in each case whether direct or indirect and in each case whether based in contract, tort (including without limitation negligence), strict liability, or otherwise, arising from or in connection with these Terms & Conditions, the Services, the Website and/or any use thereof. The same applies in each case even if UBE has been forewarned or is aware of the possibility of such loss or damage..
5.10 UBE does not exclude or limit its liability (if any) in any way: (a) for death or personal injury caused by UBE’s negligence; (b) for fraud or fraudulent misrepresentation; or (c) for any matter from which it is unlawful to exclude, or attempt to exclude UBE’s liability.
- OFFERS
6.1 Any general offers, also with regard to price offers, made by UBE in brochures, adverts, on its Website etc. are subject to change and therefore non-binding. Should the offer be limited to a specified time period, it shall remain binding for UBE for the specified period of time, subject to availability. Errors constitute an exception and exclude any further claims. All offers are subject to the provisions of these Terms & Conditions.
- FEES AND CHARGES
7.1 UBE shall not charge any fee to the Customer for providing an energy Price Comparison Service. Nevertheless, UBE reserves at any time the right to charge for any further Services at its sole discretion. In such cases, UBE shall give the Customer reasonable notification of any potential additional charges and the Customer shall be entitled to reject the offered further Services. If the Customer does not reject offered further Services, it thus agrees to pay the additional charges.
7.2 United British Electra Ltd. makes its money through the commission fees paid by the energy Supplier upon finalising the Supply Contract between the Customer and the Supplier (if switching Suppliers or from the Customer’s Current Supplier in contract renewals). This commission is known as the “energy broker fee” and each energy broker can set its own level of commission. At UBE, our commission fees are transparent: when we send the Customer the options for switching contracts or Suppliers, we will also clarify our level of expected commission. If you have concluded a contract with UBE and are unsure of your individual level of commission, please contact info@united-british-electra.co.uk to request your specific information.
7.3 The “energy broker fee” shall be included in the rates arranged by UBE with the energy Supplier and should appear on the customer’s energy invoices alongside the Supplier’s energy rates. Therefore, the Customer shall not be required to make any additional or separate commission payments to UBE.
7.4 If, upon expiry of an energy contract arranged by UBE, the Customer has not yet switched Supplier or cancelled the contract, UBE may continue to receive commission payments after the contract’s end.
- CONTRACT TERM AND TERMINATION
8.1 The contract term with UBE is initially 12 months from the date of order, but at least the term of the energy Supply Contract brokered by UBE. The Supply Contract can be cancelled with a notice period of three (3) months to the end of the contract term. If not cancelled, the Supply Contract shall automatically extend a further 12 months, during which time the Customer shall continue to be entitled to the Services under point 5.1.
8.2 If a Customer subsequently decides to stop providing its custom to the Supplier in respect of which UBE has performed the Price Comparison Service and the Switching Service, UBE shall be entitled to charge the Customer an administration fee of £150 plus VAT (the “Contract Cancellation Administration Fee”).
8.3 UBE shall be entitled to terminate or suspend any of its Services to the Customer immediately upon written notice in the case that (a) the Customer is in breach of any of the provisions in these Terms & Conditions and that this has not been remedied within seven (7) days of having received written notice to do so by UBE or its legal representative; or (b) that UBE has reasonable ground to suspect that the Customer has committed fraud against it and/or any Supplier.
- FORCE MAJEUR
9.1 Should UBE be prevented from or delayed in carrying out any of its obligations relating to to the provision of any of the Services or from carrying on its business, by acts, events, omissions or accidents beyond UBE’s reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving UBE’s workforce or that of any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, UBE shall have no liability towards the Customer. In such cases, UBE shall be entitled to a reasonable time extension to perform its obligations.
- INTELLECTUAL PROPERTY RIGHTS
10.1 The Customer agrees that any and all Intellectual Property Rights in or to the Services, any information and/or materials that it provides, the Website and any content therein (including, without limitation, its “look and feel”) are owned by UBE and/or its licensors. Any use or attempted use of these shall constitute an infringement of UBE’s (and/or its licensors’) Intellectual Property Rights, potentially exposing the Customer to civil and criminal liability.
- GOVERNING LAW AND PLACE OF JURISDICTION
11.1 The relationship between the contracting parties as set forth in these Terms & Conditions shall be governed exclusively by the applicable laws of England and Wales.
- WRITTEN FORM
12.1 Any amendments and/or additions to these General Terms & Conditions must be made in writing. This also applies to the amendment of this written form clause.
- SEVERABILITY
13.1 Should any provision of these General Terms & Conditions be or become invalid or unenforceable, the remaining clauses shall remain unaffected. Should any individual provisions of these General Terms & Conditions be invalid in whole or in part, both UBE and the customer shall undertake to reach an agreement which comes closest to the legal and economic purpose of the invalid provision and which is itself valid.
- DATA PRIVACY
14.1 The Customer agrees that in the context of any business relations UBE may store and process personal data within the sense of the Data Protection Act, insofar as this is expedient in fulfilling the contract. In this, the Customer acknowledges that UBE may also contact a credit reference agency.
14.2 The Customer furthermore acknowledges that UBE may use its data to check current Supply details.
If you have any specific questions concerning our Terms & Conditions or if you feel that your enquiry has not been properly handled, please get in touch with our customer service team: info@united-british-electra.co.uk.